Unpaid Overtime Fair Labor Standards Act

News & Analysis as of

CLIENT ALERT: Major Changes Proposed to Overtime Requirements Under the Fair Labor Standards Act

The United States Department of Labor (“DOL”), at the direction of President Obama, has announced a proposed rule that will greatly increase the number of employees eligible to receive overtime pay under the Fair Labor...more

DOL Releases Proposed Amendments to FLSA Overtime Regulations: Now is the Time to Reassess Compliance and Update Your Policies

The Department of Labor (DOL) has just released its proposed amendments to the white collar exemption under the Fair Labor Standards Act (FLSA). The amendments, if passed, will significantly increase the minimum salary test...more

First look at the Department of Labor's proposed overtime regulation

After President Obama announced in an op-ed on Monday that it was coming soon, the US Department of Labor's Wage & Hour Division published its long-awaited proposed overtime regulation. This proposed regulation addresses the...more

DOL Proposes to Raise Minimum Salary for White Collar Exemptions

The Department of Labor announced a proposed rule that would raise the minimum salary for the white collar exemptions under the Fair Labor Standards Act (FLSA) from its current level of $455 per week ($23,660 annually) to...more

DOL Raises Pay for Some Exempt Status Employees - Employers Will Need to Pay Overtime Wages to More White Collar Employees

On June 30, 2015, the U.S. Department of Labor (DOL) released a proposed rule updating overtime regulations for executive, administrative and professional employees (commonly referred to as white collar employees). The DOL...more

Proposed DOL Rule Seeks to Require the Provision of Overtime Pay to Millions of Additional Employees

The Department of Labor (DOL) has announced a proposed rule that would amend the executive, administrative and professional exemptions under the Fair Labor Standards Act (FLSA). The exemptions exclude workers in such...more

The Much-Anticipated Proposed Overtime Regulations Would Extend Overtime Protection to Nearly 5 Million Workers in 2016

The U.S. Department of Labor (“DOL”) announced a much-anticipated proposed rule that, among other things, more than doubles the salary threshold required for an employee to qualify as exempt from overtime pay under Fair Labor...more

Department of Labor Proposes New Rule for Overtime Protections

On June 30, 2015 the U.S. Department of Labor announced a proposed rule to update the regulations governing which "white collar workers" are exempt from the Fair Labor Standard Act's minimum wage and overtime pay...more

Hold on to Your Collars: Overtime Changes to White Collar Exemptions are Coming under the Fair Labor Standards Act

On June 30, 2015, the United States Department of Labor issued the long-anticipated Proposed Rulemaking to update the regulations governing which “white collar workers”— executive, administrative, and professional employees —...more

Show Me the Money: DOL Proposed Regulations Dramatically Expand Overtime Eligibility for White Collar Employees

After months of talk and speculation about new overtime regulations, on June 30, 2015, the United States Department of Labor (“DOL”) issued its proposed rule and request for comments on its “white collar exemption”...more

Worth the Fight: Conditional Certification of FLSA Collective Actions is Not Automatic

Conventional wisdom holds that courts reflexively grant motions for conditional certification in Fair Labor Standards Act (“FLSA”) collective actions. As a result, some employers do not even oppose these motions. They are...more

Supreme Court to Decide Class Action Issues Involving Settlement Offers to Named Plaintiffs, Statistical Sampling and Class Member...

I’ve been delayed a bit in reporting on this, but the October 2015 term of the U.S. Supreme Court is shaping up to be a blockbuster one for class action law. Perhaps even bigger than the October 2010 term, which brought us...more

Supreme Court to Consider “Trial by Formula” and Standing of Non-Injured Class Members in Tyson Foods

The Supreme Court recently granted Tyson Foods’ petition for certiorari which presents to the Court two important class action issues: (1) Whether differences among individual class members may be ignored and a class...more

Supreme Court Takes Aim at FLSA Class, Collective Actions

Last week, the Supreme Court granted a writ of certiorari to Tyson Foods in an appeal of a class and collective action filed under the FLSA and a similar Iowa state law. Hourly workers at Tyson’s Storm Lake, Iowa pork...more

General Release May Not Preclude FLSA Claims Says Fifth Circuit

If I settle my employment lawsuit and release “all claims,” does that include wage-hour claims if the subject never came up? Last week, in Bodle, et al. v. TXL Mortgage Corporation, the Fifth Circuit said no....more

DOL Investigation Tactics and Pending Proposed Rule Come Under Fire During House Hearing

In anticipation of the imminent release of the Department of Labor's proposed rule revising the white collar overtime exemption under the Fair Labor Standards Act (FLSA), the House Subcommittee on Workforce Protections held a...more

Will DOL's Overtime Rule Revisions Fix the Outside Salesperson Exemption?

The Department of Labor’s long-anticipated revisions to its Part 541 overtime exemption regulations await Office of Management and Budget review before issuance in proposed form. The new rules follow President Obama’s...more

Prepare Now for New FLSA “White-Collar” Exemption Regulations

The U.S. Department of Labor’s proposed regulations dramatically reducing the number of employees who qualify for the white-collar overtime exemptions to the federal Fair Labor Standards Act are expected to be announced...more

Spring Regulatory Agenda Sets Forth New Deadlines, Proposals

In keeping with past practice, federal agencies released their spring regulatory agendas on the eve of a holiday weekend. These semiannual reports list all of the federal agency regulations currently under development or...more

Supreme Court Declines to Hear Severance Agreement FLSA Collective Action Waiver Case

The Supreme Court has declined to grant review of a Sixth Circuit decision that cast significant doubt on the effectiveness of an employee’s waiver of Fair Labor Standards Act (FLSA) collective action rights. Last summer, the...more

DOL Sends New FLSA Regulations to OIRA for Final Review Before Draft Publication

Since last spring, we have been following developments in the oft-delayed Fair Labor Standards Act (FLSA) regulations rewrite by the Department of Labor (DOL). Yesterday, we received word that the DOL has completed a draft of...more

April 2015 Independent Contractor Compliance and Misclassification News Update

The leading news in the area of independent contractor compliance and misclassification in April 2015 is the settlement by Macy’s and its logistics company in New Jersey with the delivery drivers and their helpers used by...more

FLSA Exemption Changes: More On Salaried-Employee Alternatives

Our April 27 post gave an example of how to reduce the financial impact of a previously-exempt employee's becoming subject to the federal Fair Labor Standards Act's overtime requirement. The illustration had to do with the...more

Overtime Changes Threaten the Exempt Status of Retail and Hospitality Managers

The National Retail Federation’s (NRF) Committee on Employment Law held its spring meeting last week, and one of the hottest topics on the minds of the attendees concerned the impact that the U.S. Department of Labor’s...more

Oil Field Employers Post-McMaster: Still Searching for Clarity on the TCA’s Impact on the Motor Carrier Act Exemption

In McMaster v. Eastern Armored Services, Inc., No. 14-1010 (March 11, 2015), the Third Circuit Court of Appeals issued one of the first federal appellate court opinions discussing the SAFETEA-LU Technical Corrections Act of...more

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